32 Iowa 376 | Iowa | 1871
The district court, on the hearing of the motion by defendant to set aside the verdict and for a new trial, found that the allowance of $20 by the jury for the buck, as shown by their special verdict, was unwarranted; whereupon the plaintiff remitted that amount from the general verdict and the court rendered judgment for the balance. In our opinion the court did right in requiring the plaintiff to remit the $20; but it erred in not requiring a further remittitur ■ of $100 for the amount allowed by the jury, as shown by their special verdict, for double the damages to the colt which was injured but not killed. There is no testimony whatever tending to show that the injury was not inflicted in the highway
The tenth instruction is objected to, because it expressly referred to the jury the question of fact whether the colt which was killed was struck outside of, and then carried or pushed by the train to, the place in the highway where it was found. This was eminently proper, since the ques
There was no error in the instructions. But for the error in allowing $100 damages for the injured colt, as found by the jury, unless the appellee shall remit the same and pay the costs of this appeal, the judgment of the district court must be
Reversed.